SNYDER v. DIETZ AND WATSON, INC. et al

Filing 17

ORDERED that Defts' 4 Motion to Dismiss Pltf's original complaint is DISMISSED AS MOOT. ORDERED that Defts' 13 Motion to Dismiss Pltf's amended complaint is GRANTED IN PART & DENIED IN PART. Pltf's claims in Counts I, II, III, IV & V of the amended complaint & Count VI are DISMISSED W/OUT PREJUDICE, etc. Pltf's claims in Count VIII, IX & X shall remain. ORDERED that Pltf file an AMENDED COMPLAINT w/in 20 days. Signed by Judge Noel L. Hillman on 12/22/2011. (drw, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

:
:
RICHARD SNYDER,
:
:
Plaintiff,
:
:
v.
:
:
DIETZ & WATSON, INC., et al., :
:
Defendants.
:

Civ. A. No. 11-0003 (NLH)(AMD)

ORDER

This matter having come before the Court by way of motion of
Defendants, Dietz & Watson, Inc., Louis Eni, Jr. and Christopher
Eni, seeking dismissal of the complaint pursuant to Fed. R. Civ.
P. 12(b)(6); and for the reasons expressed in the Opinion entered
on even date;
IT IS on this 22nd day of December 2011,
ORDERED that Defendants’ motion [Doc. No. 4] to dismiss
Plaintiff’s original complaint shall be, and is hereby, DISMISSED
AS MOOT; and it is further
ORDERED that Defendants’ motion [Doc. No. 13] to dismiss
Plaintiff’s amended complaint shall be, and is hereby, GRANTED in
part and DENIED in part; and it is further
ORDERED that Plaintiff’s claims set forth in Counts I, II,
III, IV, and V of the amended complaint, as well as Plaintiff’s

claim in Count VI that Defendants as escrow agents breached a
fiduciary duty shall be, and are hereby, DISMISSED WITHOUT
PREJUDICE.

Plaintiff’s claims for conversion as set forth in

Count VII and breach of fiduciary duty based on Defendants’
failure to pay wages as set forth in Count VI shall be, and are
hereby, DISMISSED WITH PREJUDICE.

Plaintiff’s claims in Count

VIII, IX and X shall remain in this case; and it is further
ORDERED that Plaintiff may file an amended complaint within
twenty (20) days of entry of this Order.

At Camden, New Jersey

s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.

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